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Madras High CourtWP(MD)/36503/2025allowed

Kotturan Alias Gurusamy v. The Sub Registrar

2026-02-17Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.36503 of 2025 Kotturan @ Gurusamy ... Petitioner Vs 1.The Sub Registrar, Karivalamvanthanallur Sub Registrar Office, Sankarankovil Taluk, Karivalamvanthanallur Village, Tenkasi District.

2.Gurusamy 3.Singaravalli ... Respondents (Respondent Nos.2 and 3 impleaded vide order of this Court dated 20.01.2026 in W.M.P.(MD).No.736 of 2026 in W.P.(MD).No.36503 of 2025) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in impugned Refusal Check Slip bearing Refusal number.RFL/Karivalamvanthanallur/171/2025 dated 04.12.2025 and to quash the same, inconsequentially direct the respondent to accept and register the sale Deed dated 17.02.2025 executed by the petitioner in favour of one Murugan.

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For Petitioner : Ms.S.Sinduja For R-1 : Mr.A.Kannan, Additional Government Pleader For R-2 and R-3 : No Appearance

O R D E R

This writ petition has been filed challenging the impugned Refusal Check Slip bearing Refusal No. RFL/Karivalamvanthanallur/171/2025 dated 04.12.2025 issued by the first respondent and consequently seeking a direction to the respondent to accept and register the Sale Deed dated 17.02.2025 executed by the petitioner in favour of one Murugan.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the lawful owner of the properties comprised in Survey No.690/2C measuring an extent of 0.08.0 hectares, Survey No. 691/1B measuring an extent of 0.03.5 hectares and Survey No.1435/5 measuring an extent of 157.5 square metres, having acquired the same under a registered Settlement Deed No.2235 of 2008 dated 29.08.2008. The petitioner executed a Sale Deed dated 17.02.2025 in favour of one Murugan and presented the same for registration on 01.07.2025 before the first respondent. However, the first respondent refused registration by 2/6

issuing the impugned refusal check slip dated 04.12.2025 stating that rectification is required in respect of Survey No.691/1B on account of an error found in a third-party document, namely Sale Deed No.1228 of 2000. It is the contention of the petitioner that the said third-party document pertains to Survey No.638/1 and the reference to Survey No. 691/1B therein is only a mistake, which has no connection whatsoever with the petitioner or her property. The petitioner cannot be compelled to rectify or interfere with a document to which he is not a party. His title over Survey No.691/1B is clear and undisputed. It is further submitted that the refusal of registration is arbitrary, without jurisdiction and not supported by Section 22-A(2) of the Registration Act. Hence, the present writ petition.

3. After filing of the writ petition, this Court impleaded the second and third respondents, as they are the purchasers under Document No.1228 of 2000. However, there is no representation on behalf of the second and third respondents today.

4. The learned Additional Government Pleader appearing for the first respondent would submit that the second and third respondents had 3/6

registered a sale deed in the year 2000 in respect of an extent of 1.42 hectares in Survey No.638/1. However, due to an error, the survey number was wrongly mentioned as Survey No.691/1. The said mistake was brought to the notice of the Sub-Registrar. In view of such discrepancy, the document presented by the petitioner for registration was refused.

5. I have considered the submissions made on either side.

6. It is not in dispute that the second and third respondents had purchased land to an extent of 1.42 hectares in Survey No.638/1 under Document No.1228 of 2000. The error in mentioning Survey No.691/1 instead of Survey No.638/1 appears to be a mistake in the said thirdparty document. The petitioner is not a party to the said document. The respondents 2 and 3, though impleaded, have not chosen to appear before this Court to assert any right or objection.

7. In the absence of any dispute raised by the purchasers under Document No.1228 of 2000, and considering that the alleged error pertains to a third-party document, this Court does not find any legal 4/6

impediment for the first respondent to register the document presented by the petitioner, if it is otherwise in order.

8. In such view of the matter, the impugned Refusal Check Slip bearing Refusal No. RFL/Karivalamvanthanallur/171/2025 dated 04.12.2025 is set aside. The petitioner is directed to re-present the document before the first respondent, and the first respondent is directed to register the same, if it is otherwise in order..

9. Accordingly, this writ petition stands allowed. There shall be no order as to costs.

17.02.2026 TSG Speaking/Non-speaking order Index : Yes / No To The Sub Registrar, Karivalamvanthanallur Sub Registrar Office, Sankarankovil Taluk, Karivalamvanthanallur Village, Tenkasi District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.36503 of 2025 17.02.2026 6/6